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Old 11-13-2009, 08:03 PM
 
876 posts, read 1,883,791 times
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I am currently looking to break my lease and move to another state. I have 10 months left and my landlord is a jerk. I want to know what options I have other then paying him the 10 months i have left. Thanks for your help.
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Old 11-14-2009, 03:04 AM
 
64,576 posts, read 66,100,109 times
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this is not legal advice so do it at your own risk:: this is merely an insite into some of the issues and its only about here in nyc.... every locality may have their own twists and turns....

my ex-wife got out of her lease thru the advice of our son whos an attorney....

he had her send a certified letter to the landlords agent that she would be vacating on such and such a date and would be surrendering the keys(key word surrendering)..

unknown to the landlords agent was he had to respond to her and say no you cant before the day comes and she dropped the keys off.

once the office accepted the keys unkowingly under new york operational law they accepted her terms of surrender.


she dropped the keys off, the office took them back unknowing what they were doing in the eyes of the law and 3 months later they send her a bill for thousands....

when she told them what they did by not responding they said she was wrong.

turned out their lawyers said yep , they blew it by accepting the keys and not answering her and rejecting her terms.



the landlord is under obligation also to help you mitigate your damages too but nyc housing court kind of left that open as to just what they have to do.. maybe putting up a sign on a dead end street is enough.

if the landlord says hes not accepting the keys your choices are sublet , or find the landlord a new tenent.

the landlords delima is if you move out and stop paying the rent he has to sue you for the money due on the rest of the contract... it gets sticky here...



if he goes into the apartment to paint and fix and get it ready to re-rent on his own behalf then here in nyc hes deemed to have taken back possesion of the apartment from you and can only sue you for money up to the point he goes in to paint.

the landlord cant claim hes holding you to the lease and at the same time take possesion to re-rent on his behalf. no double dipping allowed.

if he does nothing and just claims its still your apartment under lease then he risks not getting rent from you for months while he sues you or even if he wins a judgement you dont have the dough.

if you give him permission he can go in and paint and fix to re-rent the apartment on your behalf to mitigate your damages but most landlords dont know they have to ask you first and perferably get written permission to intervene on your behalf...

if the landlord does do it to mitigate your damages and considers the new tenant your sub tenent and gets more money for the apartment then you get the overage.

needless to say it could require you to get a shrewed attorney skilled in this area and not look for legal advice on an internet forum. 99.9 % of the people your asking probley arent even aware of the above and thats only a

small part of the ins and outs of our complex legal system in tenant landlord law. you wont see alot of this in the nyc housing laws because alot of it comes from presidences in court so its not the kind of stuff you can just

look up in black and white as a laymen.

Last edited by mathjak107; 11-14-2009 at 03:51 AM..
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Old 11-14-2009, 07:26 PM
 
876 posts, read 1,883,791 times
Reputation: 384
Quote:
Originally Posted by mathjak107 View Post
this is not legal advice so do it at your own risk:: this is merely an insite into some of the issues and its only about here in nyc.... every locality may have their own twists and turns....

my ex-wife got out of her lease thru the advice of our son whos an attorney....

he had her send a certified letter to the landlords agent that she would be vacating on such and such a date and would be surrendering the keys(key word surrendering)..

unknown to the landlords agent was he had to respond to her and say no you cant before the day comes and she dropped the keys off.

once the office accepted the keys unkowingly under new york operational law they accepted her terms of surrender.


she dropped the keys off, the office took them back unknowing what they were doing in the eyes of the law and 3 months later they send her a bill for thousands....

when she told them what they did by not responding they said she was wrong.

turned out their lawyers said yep , they blew it by accepting the keys and not answering her and rejecting her terms.



the landlord is under obligation also to help you mitigate your damages too but nyc housing court kind of left that open as to just what they have to do.. maybe putting up a sign on a dead end street is enough.

if the landlord says hes not accepting the keys your choices are sublet , or find the landlord a new tenent.

the landlords delima is if you move out and stop paying the rent he has to sue you for the money due on the rest of the contract... it gets sticky here...



if he goes into the apartment to paint and fix and get it ready to re-rent on his own behalf then here in nyc hes deemed to have taken back possesion of the apartment from you and can only sue you for money up to the point he goes in to paint.

the landlord cant claim hes holding you to the lease and at the same time take possesion to re-rent on his behalf. no double dipping allowed.

if he does nothing and just claims its still your apartment under lease then he risks not getting rent from you for months while he sues you or even if he wins a judgement you dont have the dough.

if you give him permission he can go in and paint and fix to re-rent the apartment on your behalf to mitigate your damages but most landlords dont know they have to ask you first and perferably get written permission to intervene on your behalf...

if the landlord does do it to mitigate your damages and considers the new tenant your sub tenent and gets more money for the apartment then you get the overage.

needless to say it could require you to get a shrewed attorney skilled in this area and not look for legal advice on an internet forum. 99.9 % of the people your asking probley arent even aware of the above and thats only a

small part of the ins and outs of our complex legal system in tenant landlord law. you wont see alot of this in the nyc housing laws because alot of it comes from presidences in court so its not the kind of stuff you can just

look up in black and white as a laymen.
Thank you very much. This gives me some ideas.
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Old 11-15-2009, 01:54 AM
 
64,576 posts, read 66,100,109 times
Reputation: 42997
its like they always say ignorence of the law is no excuse but then why do we need lawyers?????

as much as landlords think they have airtite leases its very difficult to know really what you have until its tested... there are so many pitfalls and loopholes that anyone with knowledge can poke their way thru just about anything...


lets face it almost every law we have in nyc protects tenants, i cant think of much off hand thats in the landlords interest.
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Old 11-16-2009, 07:48 AM
 
1,110 posts, read 3,809,901 times
Reputation: 421
We had a bad experience with landlord in Queens Astoria. We were not breaking any lease. We were moving out last month to NJ. We gave them notice, asked landlord where to throw out old furniture and he said in side of building. All was good until we asked for our security back. Landlord kept the $1000 because he said the trash was not supposed to go there (even though in person he showed us where to put it).

So - landlords are just as much scum as some tennants. We lost our security (perfect tenants for about 5 years)

Good luck breaking lease - I have a feeling you wont be getting your security back no matter what you do.
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Old 11-30-2009, 09:40 AM
 
7 posts, read 54,196 times
Reputation: 11
I live in stuyvesant town and they are not allowed to write new leases until this legal situation is resolved. I need to be out as of 12/31 -- I purchased a new place in NYC -- and still have 5 months on the lease. They will not allow a new lease assignment and they say if I move out, I still need to pay rent AND surrender the keys. Is this legal?
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Old 11-30-2009, 10:34 AM
 
7,079 posts, read 33,727,881 times
Reputation: 4005
Quote:
Originally Posted by lindababy5 View Post
I live in stuyvesant town and they are not allowed to write new leases until this legal situation is resolved. I need to be out as of 12/31 -- I purchased a new place in NYC -- and still have 5 months on the lease. They will not allow a new lease assignment and they say if I move out, I still need to pay rent AND surrender the keys. Is this legal?
You bet it's legal...
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Old 11-30-2009, 10:37 AM
 
7 posts, read 54,196 times
Reputation: 11
How can that be? Don't I have a right to live in my apartment if I'm paying 3100 a month?
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Old 11-30-2009, 10:39 AM
 
7 posts, read 54,196 times
Reputation: 11
And if it is, then why do people suggest surrendering keys if you want to break a lease? What right does that afford you?
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Old 11-30-2009, 10:45 AM
 
64,576 posts, read 66,100,109 times
Reputation: 42997
the word "surrender" in some states operation of law is a very powerful word...

here in new york the word is so powerful its able to override contracts ...

if you propose to surrender keys to a landlord and set terms for the surrender of those keys the burden shifts to the landlord to say hes not accepting those terms your proposing.. if like most real estate mgmt companies they dont respond usually with a no you cant.....

if they accept those keys back they are deemed as accepting your terms of surrender.
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